Some people see shoplifting as a harmless crime, but a shoplifting conviction could lead to jail time, fines, and a criminal record that follows you for years. Here are some frequently asked questions and answers our shoplifting lawyer gets about shoplifting in New Jersey:
What Is The Penalty For Shoplifting in New Jersey?
Shoplifting may be charged as either a disorderly persons offense or an indictable offense in New Jersey. The penalties for a shoplifting conviction start with a fine and up to 6 months in jail for stealing goods worth up to $200. The penalties get harsher in relation to the value of the items stolen.
Shoplifting is charged as:
- Disorderly person offense: up to $1,000 fine and up to 6 months in jail for goods worth up to $200.
- Fourth-degree offense: up to $10,000 fine and up to 18 months in jail for goods worth $200-$500.
- Third-degree offense: up to $15,000 fine and up to 5 years in prison for goods worth $500-$75,000.
- Second-degree offense: up to $150,000 fine and up to 10 years in prison for goods worth more than $75,000.
Can I Get My Shoplifting Charge Dismissed?
An experienced criminal defense attorney can sometimes get shoplifting charges dismissed. If the item that was allegedly stolen was of such small value that a prosecution is not worth the court’s time, an attorney can ask the judge to dismiss the case. In other cases, store employees or security guards may fail to appear in court. The judge will set a second court date, but if your accusers fail to show up a second time, your attorney may be able to get the case dismissed. If there are problems with the prosecution’s case, your defense attorney should point them out and may be able to negotiate a dismissal of the charges.
What Can I Get My Shoplifting Charge Downgraded to?
For a defendant charged with shoplifting who does not have a criminal record, a defense attorney may be able to have charges reduced to a violation of a municipal ordinance. The charge would be reduced as part of a plea bargain, requiring you to plead guilty to the lesser charge. But the conviction of violating a municipal ordinance does not lead to jail time, and there’s no criminal record afterward. Whether to accept a plea deal is always the defendant’s decision. Your attorney should advise you about the probable outcome of your case.
I Was Charged with Shoplifting. What Will Happen on My Court Date?
If you are arrested and held, you will first appear in court for an arraignment. This is when you are formally charged and must enter a plea. At an arraignment, the person accused normally pleads not guilty. The terms of release and a trial date are set. If your defense attorney does not get the charges dismissed and you must go to trial, you may plead guilty or not guilty. You would plead guilty if your attorney has arranged a plea bargain, which would mean you have agreed to a specific penalty. If you plead not guilty to shoplifting, the prosecutor will present the case against you and your attorney may challenge the prosecutor’s evidence and then present any evidence that would help to exonerate you. The court will then issue a verdict.
What Happens if a Minor is Charged with Shoplifting in New Jersey?
New Jersey courts treat minors, or juveniles, differently from adults. In most cases, juveniles are tried in Family Court, where penalties can still result in detention. But New Jersey also offers a variety of diversion programs for young people charged with shoplifting, including the Juvenile Conference Committee, Intake Services Conference, and the Juvenile Referee. If a juvenile agrees to undergo counseling, perform community service, or make restitution and completes all requirements, a shoplifting charge can ultimately be dismissed. To achieve the best possible outcome for a juvenile charged with shoplifting, it is imperative to consult a juvenile defense attorney experienced in New Jersey Family Court.
What Must the Prosecutor Prove to Convict Me of Shoplifting?
To gain a shoplifting conviction in New Jersey, a prosecutor must prove the defendant:
- Was seen approaching merchandise
- Selected the merchandise
- Carried away, concealed, or converted the merchandise (changed the price tag or other indication of value)
- Was continually observed by the merchant or another witness
- Failed to pay for the merchandise
- Was approached by the merchant or a security officer outside the store.
The prosecutor must prove beyond a reasonable doubt that the individual charged is guilty of shoplifting. An experienced shoplifting attorney will seek to challenge the evidence offered by the prosecution to prevent the prosecutor from establishing guilt.
Can I be Charged with Shoplifting Even if I Did Not Take Merchandise?
The term “shoplifting” refers to five different illegal acts under New Jersey law, not all of which require removing merchandise from a store. A person may be charged with shoplifting for:
- Purposefully taking merchandise without paying for it
- Concealing merchandise
- Converting merchandise such as altering or transferring a price tag
- Transferring merchandise to another container
- Under-ringing merchandise, charging less than the actual price.
What Happens if I Accidentally Walked Out of the Store With an Item?
If you took an item from a store without paying and it was truly an accident, you may be able to avoid a shoplifting conviction if your attorney can persuade the prosecutor or judge of your lack of intent. The best scenario would be that you had turned around and were headed back to the store when confronted by employees or security. Further, because of the continual observation required to convict a defendant, a retelling of your actions in the store – failure to conceal the item, lengthy browsing after selecting the item – could be persuasive of your lack of intent.
What Happens if I Get Caught Shoplifting and They Let Me Go?
If you are caught after having actually stolen from a store and let go, you should be thankful and never return to that store. However, you may not be out of the woods. If the store management or security officer can identify you and find your contact information, they could still have you charged with shoplifting, especially if they have security camera footage of your actions in the store. You may receive a summons in the mail, which you should not ignore. If you receive a summons, you should contact a criminal defense attorney immediately to review the matter and advise you.
What is the Statute of Limitations for Shoplifting?
The statute of limitations on filing a shoplifting charge in New Jersey is either one year or five years, depending on the charge. The time limit is one year for a disorderly persons offense (goods valued at less than $200) and five years for a shoplifting offense charged as an indictable offense (goods valued at more than $200).
I received a civil demand letter after shoplifting. Do I have to pay the amount demanded?
No, you do not have to pay a civil demand letter sent to you by a store you have allegedly stolen from. But you may face charges if you don’t, so you may benefit from agreeing to some amount of restitution. Large department stores may identify more shoplifters through video surveillance than personal interaction. Their response is to send letters threatening criminal charges. The letters are legal, and stores may demand payment for stolen goods plus damages associated with the loss. But their demands are not binding. An attorney may be able to negotiate a reasonable payment or help you fight a shoplifting charge.
Can I get my New Jersey Shoplifting Conviction Expunged?
If you have not been convicted of more than one indictable offense, you may eventually be able to have a shoplifting conviction expunged from your record. For a disorderly persons shoplifting offense (valued at less than $200), the waiting period is five years. For an indictable offense (valued at more than $200), the waiting period is six years. Expungement is a complex process that requires many documents. You will likely need an attorney to help you compile and submit the application to have your record expunged. A knowledgeable criminal attorney can help you seek an expungement if you are eligible.
About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
